Code of Civil Procedure, 1908
103.Power
of High Court to determine issues of fact.-
In
any second appeal, the High Court may, if the evidence P, on the record is
sufficient, deter-mine any issue of fact necessary for the disposal of the
appeal {Subs. by Act 6 of 1926, s.2, for "but not determined by the lower
Appellate Court ".} [which has not been determined by the lower Appellate
Court or which has been wrongly determined by such Court by reason of any
illegality, omission, error or defect such as is referred to in sub-section (1)
of section 100].